Assault

For over 30 years, the attorneys at The Law Office of Elliot H. Fuld have defended clients who have been arrested and charged with Assault or Simple Assault, commonly referred to as Battery. Whether you have been arrested for assault in either first, second or third degree, you will greatly benefit from our office’s 30 years of experience defending against assault charges. It is important for you contact an attorney because any assault arrest can carry significant penalties, including jail or probation. Whether you have been charged with a misdemeanor or felony assault, our office will fight to ensure your rights are protected and that the case is resolved to your satisfaction.

Our attorneys regularly negotiate favorable pleas on behalf of clients who have been arrested and charged with assault or simple assault. In the event that trial becomes the necessary course of action, our office draws on its wealth of experience and professional skills to resolve the case to our client’s satisfaction. Whether you have been charged with assault or battery in New York or New Jersey, Federal or State court, our attorneys have the expertise to help you.

Contact us today to set up a free consultation with an attorney so that we can learn how to best represent you.

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New York Assault Laws

Assault in the Third Degree – NY Penal Law § 120.00Third degree assault is oulined in NY Penal Law § 120.00 and classified as an A misdemeanor crime. A person can be found guilty of assault in the third degree in any of following three ways:

A person, with intent to cause physical injury to another person, causes such injury to such person or to a third person. This means that as long as there is intent to cause physical injury, the actor is subject to third degree assault charges when either the intended target or a bystander is injured by the suspect’s actions. Physical injury is defined by NY Penal § 10 as an impairment of a physical condition or substantial pain.

One recklessly causes physical injury to another person. According to NY Penal Law §15.05, Recklessness is defined as when a person is aware of and consciously disregards a substantial and unjustifiable risk that victim will suffer a physical injury.

With criminal negligence and by means of a deadly weapon or dangerous instrument, one causes physical injury to another person. Criminal Negligence is defined by Penal Law §15.05 as the failure to perceive a substantial and unjustifiable risk that such physical injury will occur or that such circumstance exists and which a reasonable person would have otherwise perceived.

Assault in the Second Degree – NY Penal Law § 120.05Second degree assault is described in NY Penal Law § 120.05 and classified as a D Felony crime. The following lists the more commonly charged elements of second degree assault more:

A person, with intent to cause serious physical injury to another person, causes such injury to such person or to a third person. This means that as long as there is intent to cause serious physical injury, the actor is subject to second degree assault when either the intended target or a bystander is injured by the suspect’s actions. Serious physical injury is defined by NY Penal § 10 as a physical injury which either creates or causes death, a substantial risk of death, serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

With intent to cause physical injury to another person and by means of a deadly weapon or a dangerous instrument, one causes such injury to such person or to a third person.

One recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument;

In these last two sections, the use of deadly weapon elevates the intent to cause physical injury or recklessly causing injury to assault in the second degree, a felony crime. Assault in the First Degree – NY Penal Law § 120.10First Degree Assault is described in NY Penal Law § 120.10 and classified as a B Felony crime. A person can be found guilty of assault in the first degree in any of the following four ways:

A person, with intent to cause serious physical injury to another person and by means of a deadly weapon or a dangerous instrument, causes such injury to such person or to a third person;

With intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, one causes such injury to such person or to a third person;

Under circumstances evincing a depraved indifference to human life, one recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to another person; or

In the furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, a person, or another participant if there be any, causes serious physical injury to a person other than one of the participants. Any serious physical injury caused during the furtherance of a felony crime elevates the act to a first degree charge and a B felony.

Gang assault in the Second Degree – NY Penal Law § 120.06Second degree Gang Assault is described in NY Penal Law § 120.06 and classified as a C Felony crime. A person is guilty of gang assault in the second degree when, with intent to cause physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person.

If you or anyone you know have been arrested and charged with assault, contact our office today to set up a free consultation. It is important you meet with one of our attorneys to learn how we can help defend against the assault charge and protect the rights of those arrested.

Attorney Advertising This web site is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.Prior results do not guarantee future similar outcomes.

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